G.R. No. 227093 . September 21, 2022.
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. IRENE MARZAN AND FELY DULAY, ACCUSED, IRENE MARZAN, ACCUSED-APPELLANT.

FACTS

Accused-appellant Irene Marzan, along with several others, was charged with multiple counts of Illegal Recruitment in Large Scale under Republic Act No. 8042 and Estafa under the Revised Penal Code. The charges stemmed from allegations that from March to July 2006, in various municipalities in Pangasinan, the accused conspired to recruit numerous individuals for overseas employment in South Korea without securing the required license or authority from the Philippine Overseas Employment Administration (POEA). The complainants testified that they paid placement fees to Irene and her co-accused based on promises of jobs that never materialized.
The Regional Trial Court convicted Irene Marzan of Illegal Recruitment in Large Scale in four criminal cases and of Estafa in eight cases. The Court of Appeals affirmed the convictions but modified the penalty by increasing the fine for Illegal Recruitment in Large Scale from Php500,000 to Php1,000,000 for each case. Irene appealed to the Supreme Court, arguing the prosecution failed to prove her guilt beyond reasonable doubt and that she was merely an employee of her co-accused husband.

ISSUE

The core issue is whether the prosecution successfully proved the guilt of accused-appellant Irene Marzan for the crimes of Illegal Recruitment in Large Scale and Estafa beyond reasonable doubt.

RULING

The Supreme Court affirmed the convictions. On Illegal Recruitment, the Court held that the elements were established: (1) the accused undertook recruitment activities; (2) she had no license or authority from the POEA; and (3) the illegal recruitment was committed against three or more persons. The testimonies of multiple complainants, corroborated by POEA certifications confirming the lack of license, constituted sufficient proof. Irene’s active participation in collecting fees and making representations about job placements qualified her as a principal, regardless of her claim of being a mere employee. The crime is committed by any person who performs recruitment acts without authority.
Regarding Estafa under Article 315(2)(a) of the Revised Penal Code, the Court found all elements present: (a) the accused defrauded another by abuse of confidence or deceit; (b) damage or prejudice was caused to the offended party. Irene and her cohorts employed deceit by falsely promising overseas employment, inducing the complainants to part with their money as placement fees. The failure to deploy the workers and the lack of refund clearly caused them pecuniary damage. The Court sustained the penalties imposed by the CA, including the increased fine for Illegal Recruitment, which is justified as the law prescribes a fine of not less than Php1,000,000 for large-scale illegal recruitment as an offense involving economic sabotage. The appealed decision was affirmed in toto.